Auto Accident Questions

Car Accident Injury Frequently Asked Questions (FAQs) in Louisiana

Auto Wreck Injury Questions

Click on any of the questions below watch the FAQ videos and read the transcripts for each FAQ.

What is the first thing I should do after a Louisiana car accident?

After the accident itself occurs, and after the police are called and a report is written, and the cars are cleaned up and removed, the first thing you should do is get to a doctor right away. That could be your regular family physician, that could the emergency room, it could be an urgent care center, but the most important thing you can do is get to a doctor right away. Let them know about all your aches and pains. Let them document that, and help start to guide you on your path to healing.

Do I need to call the police if I have a car accident in Louisiana?

You should absolutely call the police after any accident that you’re involved in. Don’t let anybody at the scene convince you otherwise. The reason is simple. People’s memories fade. People’s memories change. The police are there to document the accident in objective fashion, meaning they’re not taking any side. They just document exactly what they observe, what people tell them, things that can be forgotten, things that could be changed later on down the road, so absolutely you should call the police after any accident that you’re involved in.

I have been in a car accident and have insurance. Why do I need a lawyer?

Even if you have insurance, after being involved in a car accident you should retain an attorney right away for one major primary reason. The insurance companies own internal study show that persons who’ve been injured and retain the services of a professional injury law firm like ours, on average receive an amount of compensation three to three and a half times those who try and represent themselves. That’s even after the attorney’s fees are factored in. Insurance companies know that injured people usually don’t know their rights and they try and take advantage of that. Their whole job is to minimize the amount of compensation that they have to pay you after a claim. Well, an injury firm like ours, our entire job is to maximize your recovery.

What should I not do after a Louisiana car accident?

Things you should avoid after being involved in a car accident include failing to contact the police. It’s absolutely important that you contact the police after any accident, no matter how minor it may seem. It’s their job to come out and document the actual scene–what people say, what they hear and whatnot–because after time passes, people’s memories fade, their stories change. You want that police report to be there to document what actually occurred. Secondly, you should avoid trying to tough it out. Many people after what they think is a minor accident try and tough it out and not seek medical help. You should absolutely, no matter how minor the accident may seem, seek medical help from your own doctor, the emergency room or an urgent care center, so they can document the accident and the injury, and more importantly, help you along on your path of healing.

What information should I gather at the accident scene?

At the accident scene, one of the most important things to gather, obviously, would be the other driver’s information: Their name, their address, their telephone number, (if you can get it) their cell phone number, where they work, the license plate information on the vehicle– and what type of car are they driving? Secondly, most everybody today has a cellphone with a camera. Take pictures. Take pictures of the accident scene. Not only take pictures of the specific areas of damage on your car, but back away from the vehicles if you’re able to. Take pictures of the whole accident scene.
If a picture’s worth a thousand words, a video must be worth a million. Use the video camera option on your phone, and shoot the scene in whole. Right up on the vehicles. Do a three hundred and sixty degree view. What was going on at that time? The weather conditions, the traffic conditions, and things of that nature. Those are the things I would recommend anybody do after an accident, as far as gathering information at that time.

When should I contact an attorney following a car accident?

You should immediately contact an attorney following a car accident. After a car accident, so many things are going to happen. You’re going to have doctor’s appointments, medical bills, insurance adjusters calling you. Most people just don’t understand the nature of an insurance claim following an accident. It’s best to call an attorney right away, like our firm, who can take that worry off of you so you can concentrate on what’s most important which is your healing after the accident.

What should I look for in hiring an attorney to represent me in my Louisiana auto accident case?

Before you hire any attorney, there are a handful of questions that you probably want to consider asking the person that you’re interviewing for the job. One thing is, you’ll want to ask them, how long have they been practicing law? Generally, you want to maybe steer clear of a green attorney–somebody who’s fresh out of school, really hasn’t been practicing long. Maybe look for somebody who’s done it for a decade or more. That way, they have significant general experience in the field of law.
Secondly, you’ll want to look for somebody who really focuses in the particular practice area that you need. If you’ve been arrested, you want a criminal attorney. If you need a divorce, you want a family law attorney. If you’ve been injured in a car accident, preferably you want an attorney who devotes the majority of their practice, if not all of their practice, to representing people who have been injured in car, truck, or motorcycle accidents.

What if the driver who hit in Louisiana was drinking?

If you’re involved in an accident and the evidence and information indicates that the other driver may have been drinking or impaired on some other type of substance, there are potential additional remedies available. For example, Louisiana has what’s known as punitive damages, those are damages meant to punish the other person, for, in this instance, driving drunk or driving while they’re impaired on some other controlled substance as a manner to try and deter that type of activity. If you are involved in an accident with a drunk, or an impaired driver, there are additional remedies that we have against that person for you.

What should I bring to the initial consultation with my attorney in a Louisiana auto accident case?

When you first meet after a car accident and come to office, one of the things we like is whatever information that you have. If you have a copy of the item slip, for example, that the police officer or sheriff’s deputy provided to you following the accident, that’ll allow us to find out who was the investigating agency and to obtain a copy of the report. If you went to the doctor or the emergency room, or anything like that, your discharge paperwork and the name and phone number and address of who they are– if you took photographs of your vehicle at the scene of the accident, videos, bring that with you or copies of those. Basically any information that you have related to the accident no matter how insignificant it may seem, bring it. It’s better to have it and not need it, than need it and not have it.

What if I believe I was the victim of a hit and run in Louisiana?

If you’ve been the victim of a hit and run in Louisiana, there are some additional things that we’ll have to do in connection with your claim. It’ll be very important for you and us to document the witnesses to the accident. Who might have seen the accident in the area? Were there any traffic cameras, things of that nature that may have actually captured a video of the accident in question? Just because it was a hit and run doesn’t mean that you have no right of recovery. We may be able to identify the driver of the vehicle involved with the other person, and there may be a possibility of recovery from your own insurance. We’ll just have to do some homework.

Is it always necessary to file a lawsuit after a Louisiana car accident?

No, it’s not always necessary to file a lawsuit after a car accident. As a matter of fact, given our experience and reputation and relationship with the various insurance companies in this market, we’re often able to resolve auto accident claims without the need for filing suit or going to court. So, no, it’s not necessary in every circumstance although it does happen sometimes.

Can I handle my Louisiana auto accident case without an attorney?

There’s absolutely no requirement that a victim of a car accident in Louisiana have an attorney represent them in the claims process. With that being said, we don’t recommend that people try to represent themselves. First and foremost, most people aren’t familiar with the insurance claims process and everything that goes along with it because they just don’t deal with it on a day to day basis. Second, and most importantly, the insurance companies own studies show that people who are represented by a professional personal injury law firm like ours typically receive up to 3.5 times more compensation than those who try to represent themselves– and that’s even after the attorney’s fees are factored in.

Can I choose my own repair shop following a Louisiana car accident?

Absolutely. It’s your right to choose which repair facility–who’ll perform the repairs on your car. As a matter of fact, we always recommend that our clients choose the eventual repair facility and not automatically go with the preferred repair facility that the insurance company may suggest. An exception of that would be if the preferred repair facility that the insurance company suggests is somebody that you already know, like, and trust. Then we would have no issue with you bringing your car there to have the repairs performed after the accident.

Can I control whether my car is repaired or replaced following a Louisiana car accident?

Unfortunately, no. You can’t directly control whether your car is repaired or replaced after an accident. It really depends upon the facts of the case and how much damage was done to your vehicle as to whether or not the other driver and, more importantly, their insurance company can either repair your vehicle or if they’re going to have to pay you fair market value for the vehicle because it’s so damaged that it can not be repaired.

Disclaimer: The answers provided here are for general information and advertising purposes only. No attorney-client relationship is established prior to the execution of a written Fee Agreement by an authorized representative of the firm. Every case is unique, and there are many issues that may affect your claim. You should always seek a lawyer’s advice before taking any legal action of any kind.

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Submitting this form does not does not establish an attorney-client relationship. Any information given by the Law Office of Keith Magness prior to the execution of a written employment agreement is general in nature and does not constitute legal advice.

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